Legal basis: Measures for the Administration of Facilities and Equipment Maintenance Funds in Residential Areas.
Article 5 When a commercial house is sold, the buyer and the seller shall sign the relevant maintenance fund payment agreement. Property buyers should pay the maintenance fund to the selling unit according to the proportion of 2%-3% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The collection ratio of maintenance funds shall be determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 6 The funds for after-sales maintenance of public housing come from two parts: 1. The sales unit shall draw from the sales price according to a certain proportion. In principle, multi-storey housing shall not be less than 20% of the sales price, and high-rise housing shall not be less than 30% of the sales price. This part of the funds belongs to the selling unit. 2. Property buyers shall pay the maintenance fund to the selling unit according to the proportion of 2% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The specific measures for the management and use of the after-sales maintenance fund of public housing shall be jointly formulated by the municipal and county financial departments and the real estate administrative departments, and implemented after being reported to the local people's government for approval.
Article 17 If a public housing sale unit fails to fully withdraw the maintenance fund in accordance with the provisions of these Measures, the financial department and the real estate administrative department shall order it to make up the principal and interest of the maintenance fund within a time limit; If the withdrawal is still insufficient within the time limit, a fine of 3/10000 of the daily withdrawal amount shall be imposed.